Child Custody A Legacy of Excellence in Family Law

Child Custody Lawyers in Houston, TX

Advocating for Your Parental Rights in Bellaire & Sugar Land

Child custody is often the most emotional and contentious issue in a divorce or post-divorce dispute. As a parent, you may fear losing control over maintaining the full scope of your parental rights. You may also fear a compromised relationship with your

This is common, as factors such as differing parenting styles, geographical distance, work schedules and responsibilities, and the emotional strain of divorce can increase tensions and complicate parenting plans. These factors often make reaching a satisfactory mutual agreement with your spouse or ex-spouse difficult.

At ALP Law Firm, we understand that determining child custody arrangements can be emotional. That is why having a seasoned attorney can be extremely important. If you have initiated a divorce and want to be prepared to take the proper steps to secure shared or full custody, you must understand how the courts operate. This also applies to those facing a post-divorce custody battle.

Secure the advice and guidance of a Houston child custody attorney at ALP Law Firm. Call (346) 536-9842 or reach us online for a consultation - Hablamos español.

How Does Child Custody Work in Texas?

Texas uses the terms "conservatorship" and "possession" to define child custody arrangements.

Conservatorship: Refers to the legal decision-making authority regarding the child's upbringing, including education, medical care, and religious instruction.
Sole managing conservatorship: One parent has sole authority for making decisions.
Joint managing conservatorship: Both parents share decision-making authority.
Possession: Refers to the child's physical living arrangements and visitation schedules. Texas has standard possession schedules, but parents can create a modified plan that best suits their situation.

Decisions regarding child custody in Texas are always made with the child’s best interests in mind. Parents seeking “joint custody” often do not necessarily get a 50-50 parenting schedule.

Unless a history of family violence involving the child’s parents exists, the courts view joint managing conservatorship as being in the best interests of the child. The court will then determine each parent's legal rights and duties and which aspects concerning the child must be agreed upon by both parents.

The court can then set a parenting schedule determining when the non-custodial parent will be allowed to spend time with the child. The court can set the schedule, or parents can mutually agree on one. Mutual agreement can be made through negotiation or mediation, which allows for a more amicable and personalized agreement.

The court must approve these arrangements to ensure they meet legal standards and serve the child's best interests. Parents are generally required to submit a "parenting plan" as part of their custody agreement.

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I highly recommend ALP Law Firm and Attorney Allecia Pottinger to anyone seeking expert legal guidance in divorce, child custody, or family law matters in Houston.

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Parenting Plans in Texas

A well-drafted parenting plan in Texas should comprehensively address several key aspects of your child's life after separation.

Here's a breakdown of the typical content you will find in a parenting plan:

Conservatorship

This section clarifies whether you and your ex-partner will have sole managing conservatorship (one parent makes decisions) or joint managing conservatorship (shared decision-making). It can also outline the specific areas where decisions are shared (e.g., education, healthcare) or if there's a designated decision-maker for particular situations (e.g., emergency medical care).

Possession Schedule

This is the heart of the plan, detailing how much time the child spends with each parent. It generally includes:

Standard possession schedule: Texas provides standard schedules based on distance between parents' residences. You can adopt this or create a modified plan.
Weekdays: Specify daily or alternating pick-up/drop-off times.
Weekends: Outline weekend visitation schedules, considering overnights and holidays.
Holidays and vacations: Detail arrangements for holidays (Thanksgiving, Christmas) and how extended vacations will be handled.
Special events: Consider birthdays, school functions, or extracurricular activities that might require adjustments to the regular schedule.

Communication

This section establishes preferred methods of communication between parents regarding the child.

It might specify:

Preferred method: Phone calls, text messages, or a co-parenting app.
Frequency: How often routine updates or discussions regarding the child should occur.
Conflict resolution: A process for addressing disagreements about the plan or the child's well-being.

Decision-Making Process

If you have a joint managing conservatorship, outline how significant decisions (e.g., schools, medical treatment) will be made.

Options include:

Consensus-based decision-making: Agreement is required for all major choices.
Tie-breaker method: A process for resolving disagreements if consensus can't be reached.

Child Support

While not mandatory in every plan, this section can specify child support arrangements if applicable.

It might include:

Amount of support: The amount one parent pays the other for the child's care.
Payment method: Specify how child support will be paid (e.g., wage garnishment, direct deposit).

Dispute Resolution

This section outlines how disagreements regarding the parenting plan will be addressed.

Options include:

Mediation: A neutral third party facilitates communication to resolve disputes.
Arbitration: A binding decision is made by an arbitrator chosen by both parents.
Court intervention: As a last resort, outlining the process for involving the court if mediation or arbitration fails.

Review and Modification

Parenting plans are not set in stone. This section can specify a timeframe for reviewing the plan, especially as children's needs and circumstances change. It can also outline the process for proposing and implementing modifications.

How Does a Judge Decide on Legal Custody in Texas?

Many factors determine whether a parent will get sole or joint custody of a child. A judge typically makes decisions based on what is best for the child, and unless a parent can prove otherwise, the court usually gives joint custody preference.

When deciding who the child should live with, a judge will look at factors such as the history of contact and relationship between the child and each of the parents, the health and safety of the child, the health of the parents and their financial situation, and any history of neglect or abuse by either parent.

The parenting schedule will also be decided following similar legal standards. A judge will determine a schedule that is best for the child, regardless of what type of arrangement is best for or preferred by the parents. At this stage, our attorneys can help argue that the parenting schedule you propose is indeed in the child's best interests.

How Can a Child Custody Attorney Help You

A child custody attorney plays a crucial role in navigating the complexities of child custody disputes and ensuring the best interests of the child are prioritized. Here are several ways a child custody attorney can help:

Legal Experience and Guidance: A child custody attorney provides experienced advice on the laws and regulations governing child custody in your jurisdiction. They help you understand your rights and responsibilities, the different types of custody arrangements (physical vs. legal custody, joint vs. sole custody), and how the court determines the best interests of the child.
Case Preparation and Representation: Your attorney will gather and organize all necessary documentation, such as school records, medical records, and any evidence of parenting ability or concerns about the other parent. They will represent you in court, presenting your case effectively and advocating for a custody arrangement that benefits your child and meets your needs.
Negotiation and Mediation: Many child custody cases are resolved through negotiation or mediation rather than going to trial. A child custody attorney can facilitate discussions between you and the other parent, aiming to reach a mutually agreeable custody arrangement. They can help draft a parenting plan that outlines the custody schedule, visitation rights, and decision-making responsibilities.
Protecting Your Child's Interests: An attorney ensures that the custody arrangement prioritizes your child's well-being, safety, and stability. They can advocate for modifications to existing custody orders if there are changes in circumstances, such as relocation, changes in employment, or concerns about the child's welfare.
Handling Complex Issues: Child custody cases can become complicated when factors like domestic violence, substance abuse, or mental health issues are involved. A skilled attorney can address these challenges, presenting evidence and arguments to protect your child's best interests.
Support During Legal Proceedings: Child custody disputes can be emotionally draining. An attorney provides support and guidance throughout the legal process, helping you stay focused on your child's needs and the long-term outcome.

By having a child custody attorney on your side, you can navigate the legal complexities with confidence, ensuring that your child's welfare remains the top priority.

Request a consultation at (346) 536-9842 or online to arrange an initial consultation today!

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Can a Child Choose Which Parent to Live With?

Parents of children 12 years or older can request that the court interview the child to express their preference for where they want to live. While the court will hear the child’s preference and consider it among the many factors used to decide, the child cannot legally choose which parent they want to live with until they are 18.

Courts understand that children may want to live with a parent for the wrong reasons or may not have the emotional maturity to make important life choices. Therefore, the final word concerning which parent the child will live with is up to the court.

How Can ALP Law Firm Help You?

It is essential to be well-prepared and ready to show the court that you can provide a safe and stable home for your child while caring for his or her best interests; this gives you a better chance of a favorable outcome.

If your child’s well-being and your ability to participate in their life are in question, it can be challenging to keep a clear mind and take the proper steps. Our Houston child custody lawyers can help parents by applying our legal knowledge and negotiation skills to pursue a positive outcome.

Reach out to our qualified child custody lawyers in Houston and request a consultation at (346) 536-9842 or online to see how we can help.

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